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JAN j 6 2010 - United States District Court

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Local Rule for materials being filed under seal after the entry of, and<br />

pursuant to, a protective order governing the use and disclosure of<br />

confidential information.<br />

(2001) The current amendments are intended to reflect more accurately<br />

existing procedures, and to assist the <strong>Court</strong> in the maintenance and<br />

ultimate disposition of sealed records by creating a form order which<br />

specifies how long the matter is to be kept under seal and how it is to<br />

be disposed of after the expiration of that time. By its terms, this<br />

Local Rule does not apply to materials covered by specific statutes,<br />

rules or court orders authorizing, prescribing or requiring secrecy.<br />

However, litigants are required to complete an "Order Re: Sealed Filing"<br />

in the form set forth at the end of this Local Rule for materials being<br />

filed under seal after the entry of, and pursuant to, a protective order<br />

governing the use and disclosure of confidential information.<br />

(2005) The form order previously prescribed by this Local Rule has been<br />

deleted. This Local Rule is intended to conform to current case law.<br />

See, e.g., Press-Enterprise Co. v. Super. Ct., 478 U.S. 1 (1986); Globe<br />

Newspaper Co. v. Super. Ct., 457 U.S. 596 (1982); Richmond Newspapers,<br />

Inc. v. Virginia, 448 U.S. 555 (1980); Nixon v. Warner Communications,<br />

Inc., 435 U.S. 589 (1978); <strong>United</strong> <strong>States</strong> v. Valenti, 987 F.2d 708 (11th<br />

Cir. 1993); Newman v. Graddick, 696 F.2d 796 (11th Cir. 1983). The<br />

sealed document tracking form is an administrative requirement.<br />

(2007) Amended to conform to CM/ECF Administrative Procedures.<br />

(<strong>2010</strong>) Amended to conform tabulation to the style used in the federal<br />

rules of procedure.<br />

Rule 5.5 Electronic Filing Through CM/ECF<br />

Documents shall be filed in compliance with the CM/ECF Administrative<br />

Procedures.<br />

Effective April 15, 2003. Amended effective April 15, 2007.<br />

Comments<br />

(2003) Federal Rule of Civil Procedure 5 (e) gives the federal courts the<br />

authority to permit electronic filing. This Local Rule only authorizes<br />

the Clerk of the <strong>Court</strong> to accept electronic filings, leaving the<br />

processes, procedures, standards, etc., to be established by subsequent<br />

order of the <strong>Court</strong>. This was done in order to give the <strong>Court</strong> the<br />

flexibility to adapt, refine, and redefine the process as it grows in<br />

acceptance. Relevant Administrative Orders will be available on the<br />

<strong>Court</strong>'s Web site (http://www.flsd.uscourts.gov) as they are issued. Upon<br />

payment of copying costs, copies also may be obtained at any courthouse<br />

or intake counter in the <strong>District</strong> or by mailing a written request to the<br />

following address: E-Filing Administrator, Office of the Clerk, U.S.<br />

<strong>District</strong> <strong>Court</strong>, 301 North Miami Avenue, Room 321, Miami, Florida 33128.<br />

(2007) Amended to conform to CM/ECF Administrative Procedures by<br />

14

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